Netherlands: Non-EU partner, unmarried & not living together

[mxvilla]

Hi, everyone!

I've been reading the forums for a long time, but I never found anyone with my exact problem, so I just registered and hope someone can guide me a bit!

I'm from Argentina, and have been in a relationship for 2 years now with an Argentinian girl with a Spanish passport (so for all EU purposes, she's Spanish).

We've been travelling for the past year, with me basically moving most of the time (mostly in the UK, without overstaying my 6 months tourist visa) just to be close to her while she works as an au pair, and we're planning on moving to Netherlands in June, as she will attend a university there.

I would like to apply for the Verification against EU Law, which would allow me to stay there with her indefinitely, and maybe get a job (I'm self employed at the time). But we don't want to get married yet, and we would prefer to live in different houses as we like to have our own space.

I've read this about a judge ruling against the IND being so strict as to requiring people to live together for 6 months to consider them a serious couple: http://devreede-law.nl/partner-permit-r ... on-strict/

As to what means we have to show we are in a serious and exclusive relationship:

1. Lots of photos of both of us in different countries (we've travelled together this past year to France, UK, Italy and Germany, plus the ones in Argentina before we started travelling).
2. She currently holds an extension to one of my credit cards, but we don't have any joint bank accounts (I could try to add her to one of my accounts, though).
3. We can get a lot of people to write on our behalf stating we are a couple.
4. I have received mail at her address in the UK and we hold some of those envelopes with the address on them, together with my name.

Do you think it would be possible for me to apply? Should I find some other paperwork? Or get a lawyer to help me?

Thanks a lot in advance

[mxvilla]

Any ideas?

[Casa]

Although the interpretation of a 'durable relationship' differs from EU member state to member state, in applying the law you would not qualify as an 'extended family member'. You will be living separately as 'boyfriend and girlfriend' and do not appear to be in any way dependent on your Spanish national girlfriend and you won't be living in a relationship 'akin to marriage'.

[mxvilla]

But if I'm economically independent (meaning, for example, that I earn money from investments in my home country) and we DO live together, then I'm also not "dependent" on her...

So you think we should live together in order to qualify as having a relationship "akin to marriage"? (I'm not sure the law in Netherland does require that).

Thanks for your reply!

[Casa]

Although you have posted a judgement in favour of less than 6 months co-habitation, this is from the official Regulations for the EU citizens from other member states living in the Netherlands;
In case of a relationship, your application must be accompanied by:
o Evidence demonstrating that you are in a long-term relationship. A relationship is considered 'long-term' when you have lived together and have run a joint household for a period of at least 6 months. If this joint household is not run, or has not been run in the Netherlands, you can prove this by:
o Showing that you have lived together abroad. This can for example be done by submitting a registration at a municipality abroad, a tenancy agreement entered into by the both of you, a house sales agreement in both your names, or bank statements in both your names, or
o A birth certificate of your child with both your names on the certificate.
o The Appendix 'Declaration of Relationship for Partner of EU National' filled in completely and signed by you and your sponsor.
https://ind.nl/en/individuals/residence ... -nationals

Your girlfriend will be your sponsor and therefore for the purposes of Exercising Treaty Rights, it's irrelevant whether you have an income. You don't appear to qualify as an 'extended family member'. You would have a stronger case if you could show co-habitation.

[mxvilla]

About those rules (which I have almost memorised in the past weeks ), there is something I don't fully understand:

Should we be able to do ONE of those points? Because it seems so, in which case, the Declaration should suffice...shouldn't it?

We have lived together abroad, but not in the past year and a half. If I show a joint tenancy agreement, do you think that would help?

Thanks again!

[Casa]

I suggest it would be wise to call the number in the link I've posted for you. You'll have to do that anyway before submitting an application for a residence permit.